Immigration Issues/H1B and I-94 Expiry

Advertisement


Question
Hello Ramasamy,
I need your expert advice. Please help.

I have H1B Visa valid till 28-Mar-2009 and I-94 valid till 28-Mar-2009

My wife and son have H4 Visa valid till 28-Mar-2009 and I-94 valid till 10-Apr-2009

I have recently changed my employer in Feb'2009. My current employer has filed for H1 and H4 transfer. I have got the WAC numbers and the transfer is still in process.

My question is:
1. Is H1B status valid after 28-Mar-2009. Since my current Visa and  I-94 shall be expiring after Mar'09, Will my family and me be staying legally after Mar.09. Will I need to go for stamping?

2. I got only 2 WAC numbers from my employer. Should it not be 3 WAC numbers; me, spouse and my son (3 years). Do I need to followup with my employer on this?

Thanks in advance.
Rakesh

Answer
Rakesh,
1) If you are new H-1B is filed and approved for a date after March 2009 then you can stay until that date. Your family are not required to file for an extension until Marc 2009. But if you are filing for an extension beyond this date it would be better to file for their H4 extension also.

If you wish to leave and reenter the US after Mar 2009 you need to obtain a new H visa.

2) I do not about this you need to talk to the attorney or your employer who filed the application.

Sincerely,
Ramasamy Krishnan

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

©2016 About.com. All rights reserved.